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REPORTS OF CASES

ARGUED AND DETERMINED

Vol. 17

IN THE

COURT OF APPEALS

OF THE

HARVARD
STATE NEW-YORK.

LIBRARY.

BY E. PESHINE SMITH,
Counsellor at Law.

VOL. III.

BANKS & BROTHERS, LAW BOOKSELLERS,

144 NASSAU-STREET, NEW-YORK,

475 BROADWAY, ALBANY.

MDCCCLIX.

до

Entered according to Act of Congress, in the year MDCCCLVIII., in the Clerk's Office of the District Court of the United States for the Northern District of New-York, by BANKS AND BROTHERS.

ALSO-Entered according to Act of Congress, in the year MDCCCLVIII., in the Clerk's Office of the District Court of the United States for the Northern District of New-York, by GIDEON J. TUCKER, Secretary of State of the State of New-York, in trust for the benefit of the People of the said State.

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"§ 5. The judge of the Court of Appeals elected by the electors of the state, who shall have the shortest time to serve, shall be the chief judge of said court.

"§ 6. Four justices of the Supreme Court, to be judges of the Court of Appeals, shall every year be selected from the class of said justices having the shortest time to serve; and alternately, first, from the first, third, fifth and seventh judicial districts, and then from the second, fourth, sixth and eighth judicial districts; and shall enter upon their duties as judges of the Court of Appeals on the first day of January, and serve as judges of said court one year."

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